Articles Posted in Paternity

Many parties have children outside of the context of marriage, and while in some cases paternity is not at issue, in others, legal action is necessary to define a child’s parentage. Once a man has been legally established as the father of a child, pursuant to Florida law, it is difficult to disestablish paternity. While the law allows fathers to reverse course on paternity in some cases, the same is not necessarily true for mothers, as demonstrated in a recent Florida ruling. If you have questions regarding paternity and your parental rights, you should contact a trusted Miami paternity lawyer to evaluate your options.

Background of the Case

It is alleged that the parties conceived the child in question in April 2014. They subsequently entered into a stipulation confirming the father’s paternity, and a court ratified it via order in 2016. Later that year, the mother filed a petition to relocate to Colorado with the child. The trial court denied the motion, and the child remained in Florida with the father and had visitation with the mother in the summer.

Reportedly, in 2017, the mother stated that she remembered an encounter with another man around the time the child was conceived. A DNA test determined the second man to be the child’s father within 99.99% certainty. The mother then moved to disestablish the father’s paternity pursuant to Florida Statute 742.18 and other provisions. The trial court granted summary judgment in her favor, and the father appealed. Continue reading ›

When it is not clear who the father of a child is, both the child’s mother and any potential father have the right to file a paternity action. A determination of paternity not only opens the door for the father to seek parental rights like custody of the child, but it also allows the court to impose obligations on the father, like the duty to pay child support. If a court’s judgment of paternity fails to include necessary information, though, it may be reversed, as shown in a recent Florida ruling set forth in a paternity case. If you have questions regarding establishing parental rights or enforcing parental obligations, it is advisable to meet with an experienced Florida paternity lawyer to evaluate your options.

The History of the Case

It is reported that the mother instituted a paternity action to establish the identity of the father of her child. The court ultimately issued a final judgment of paternity, naming the father. The mother appealed, citing four issues. The appellate court affirmed the trial court’s ruling as to two of the issues without comment. As to the remaining two issues, however, the court found in favor of the mother. As such, it reversed the final judgment and remanded the matter to the trial court for further proceedings.

Final Judgments in Paternity Matters

The two issues the appellate court addressed on appeal were whether the trial court erred in neglecting to include a parenting plan in the record and failing to attach the child support guidelines worksheet to the final order. The court noted that the father conceded that these documents were forgotten due to a scrivener’s error. The appellate court explained that, pursuant to Florida law, it must reverse an order granted child support if the child support guidelines worksheet is not attached to the final judgment. Continue reading ›

Generally, a man that is the biological father of a child can seek parental rights.  Relatively recent advances in reproductive technology can result in situations in which it is necessary to determine whether a man is a child’s father or merely a sperm donor. For example, in a recent Florida case, a former couple called on a court to determine whether a man had paternity rights over a child born via IVF. If you need assistance with a paternity matter, it is advisable to speak to a Florida paternity lawyer to determine what steps you can take to protect your interests.

The Facts of the Case

It is reported that the father and the mother were involved in a romantic relationship, during which they entered into a contract to have a child via in vitro fertilization. The IVF transfer took place in September 2019, but the parties ended their relationship a month later. The child was born in June 2020. Shortly thereafter, the father filed a paternity lawsuit seeking parental rights on the grounds that he and the mother were a commissioning couple as defined by Florida law.

Allegedly, the mother moved to dismiss his petition, arguing that he was merely a sperm donor. During the hearing on the motion to dismiss, the trial court sought evidence from both parties without notice, after which it found the parties were a commissioning couple and granted the father parental rights. The mother appealed, arguing that the trial court violated her due process rights by holding an evidentiary hearing without notice. Continue reading ›

Whether you’re just a fan of the works of William Shakespeare, or are having flashbacks to high school English literature class, you may recall the famed lines,

O, be some other name!
What’s in a name? That which we call a rose
By any other name would smell as sweet

from the play Romeo and Juliet. The reality is, for many people, there’s a lot in a name, especially a last name. It represents heritage, ethnicity and familial ties, among other important things.

So, what can you do if your child’s other parent wants to change your child’s last name to reflect his last name? Actually, there are many things you can do, because the law in Florida creates some fairly specific hurdles a parent must clear in order for a judge to order a name change. One of the biggest relates to proving certain things related to the welfare of your child. Demonstrating that the other parent didn’t clear these hurdles may entitle you to an order keeping the child’s name unchanged. As always, whether you’re engaged in a name battle or some other legal dispute regarding your child, be sure you’re getting advice and representation from a skilled South Florida family law attorney.

The child of L.H. was at the center of such a name battle. L.H.’s child’s last name on the birth certificate was H., the same as the mother’s. Sometime later, the mother and M.B. appeared in court on a paternity action. Both M.B. and L.H. stipulated that M.B. was the father and that M.B. should be added to the child’s birth certificate to reflect his paternity.

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In any family law case, it is important to keep your case moving forward. Depending on the details of your case, a failure to take action within a specific period of time can have disastrous consequences. As a respondent, it can result in a default judgment against you in which the other side gets exactly what they want. As a petitioner, it could mean that your case gets dismissed on procedural grounds, regardless of the merit of your claim. However, sometimes, a court may conclude that you’ve not acted within the allotted time when, in fact, you have. What do you do then? It is in these and other times when it pays to have experienced Florida paternity counsel handling your case.

An example of this type of scenario, and a party’s successful handling of this challenge, was a paternity action filed by a man named José. While many people may think of paternity actions as cases brought by mothers seeking court orders declaring certain men to be legal fathers of their children (and, as a result, obligated by law to provide support for those children), there are actually several reasons why a man might choose to file a paternity case. For example, a man may know or believe that he is the biological father of a child whose mother is not his wife. In a case in which the mother and father aren’t married, the father may file a paternity case to obtain a court order that declares him the legal father, which triggers all of the parental rights established under Florida law.

Apparently, a period of inactivity occurred in José’s case because, on Jan. 25, 2017, the trial court or court clerk dismissed José’s lawsuit “for lack of prosecution.” The term “lack of prosecution,” in a civil lawsuit, means that the plaintiff took no action for a certain prolonged period, and, because of that inactivity, the court was entitled to throw out the case. Florida’s family law procedural rules state that, if a plaintiff in a family law case does nothing for 10 months, the court can serve notice that the case is at risk of dismissal. If another 60 days goes by after the notice with still no activity in the case, the case can be dismissed.

Not everyone’s family is destined to look like a “traditional family” from a 1950s “sit-com.” Some fathers will find themselves in the position of having children with women who are not their wives. These fathers may, like any other fathers, still desire a close relationship with their children. The level of complexity of Florida paternity cases may vary, depending on the circumstances, but all can benefit from the input of knowledgeable Florida family law counsel. One situation that can add extra layers of complexity occurs when the mother of your child is still married to someone else at the time of your child’s birth. A recent case from Broward County outlines some of the legal rights alleged fathers have in these situations.

In the case, a woman (“T.S.”) gave birth to a child in February 2013. The mother did not provide paternal information in the child’s birth certificate but did give the child a last name that did not match hers or her husband’s. Eventually, DNA tests showed that “C.P.,” the man whose last name matched the child’s, was the child’s father.

Two years later, the biological father filed a court action seeking a determination of paternity and child support, among other things. The mother argued that the trial court should throw the case out. Her argument stated that, when she gave birth to the child, she was married to another man (“S.F.”). This meant that the child was the product of an intact marriage and was presumed to be the legal child of S.F., and C.P. had no legal right to bring a court action for paternity.